1Suits brought in forma pauperis are governed by 28 U.S.C. §

1915.

 IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

TERMAINE LAWRENCE BENNETT : CIVIL ACTION

 :

 v. :

 :

LYNN ABRAHAM OFFICE, et al. : NO. 05-4402

M E M O R A N D U M A N D O R D E R

Plaintiff, a prisoner at the Philadelphia Detention Center,

seeks to bring a civil action in forma pauperis,

1 without

prepayment of fees or security therefor, asserting claims pursuant

to 42 U.S.C. § 1983. The Prison Litigation Reform Act of 1995,

Pub. L. No. 104-134, 110 Stat. 1321 (April 26, 1996) (the "Act"),

which amends 28 U.S.C. § 1915, establishes certain financial

requirements for prisoners who are attempting to bring a civil

action or file an appeal in forma pauperis. 

Under the Act, a prisoner bringing a civil action in forma

pauperis must pay the full amount of the $250 filing fee. 28

U.S.C. § 1915(b)(1). The prisoner must submit a certified copy of

his inmate trust fund account statement for the 6-month period

immediately preceding the filing of his complaint so the Court can

determine how the $250 filing fee will be paid. 28 U.S.C. §

1915(a)(2). The prisoner must obtain this statement from the

appropriate official of each prison at which he was or is confined.

Id. The Court must then "assess [the prisoner's financial status]

and, when funds exist, collect, as a partial payment of any court

fees required by law, an initial partial filing fee of 20 percent

Case 2:05-cv-04402-JKG Document 2 Filed 08/26/05 Page 1 of 3
of the greater of-- (A) the average monthly deposits to the

prisoner's account; or (B) the average monthly balance in the

prisoner's account for the 6-month period immediately preceding the

filing of the complaint . . . ."

Plaintiff's inmate trust fund account statement for the sixmonth period immediately preceding the filing of his complaint

shows average monthly deposits of $49.33, average monthly balances

of $10.16, and a current balance of $1.76. Based upon this

financial information, an initial partial filing fee of $9.86 is

assessed. The Warden or other appropriate official at the

Philadelphia Detention Center, or at any prison at which plaintiff

may be incarcerated, will be directed to deduct $9.86 from

plaintiff's prison account, when such funds become available, and

forward that amount to the Clerk of the United States District

Court for the Eastern District of Pennsylvania. Thereafter, each

time that the balance in plaintiff's prison account exceeds $10, an

amount no greater than 20 percent of the money credited to

plaintiff's account during the preceding month will be deducted and

forwarded to the Clerk of Court until the filing fee is paid.

Plaintiff may not have known when he brought this action that

he must pay the filing fee, and that even if the full filing fee,

or any part of it, has been paid, the Court must dismiss the case

if it finds that the action is: (1) frivolous or malicious; (2)

fails to state a claim upon which relief may be granted; or (3)

seeks monetary relief against a defendant who is immune from such

relief. 28 U.S.C. § 1915(e)(2)(B). If the Court dismisses the

Case 2:05-cv-04402-JKG Document 2 Filed 08/26/05 Page 2 of 3
case for any of these reasons, the Act does not permit the prisoner

to get his filing fee back. 

We shall give plaintiff twenty (20) days from the date of this

order to decide whether he wants to proceed with this case. If by

that time, plaintiff decides not to proceed with the case, he need

not pay the $250 filing fee.

For the foregoing reasons, it is, this 25th day of August,

2005, hereby ORDERED that:

1. The petition is DENIED WITHOUT PREJUDICE to its

reassertion in accordance with the terms of this order; 

2. If plaintiff files with the Court within twenty (20) days

from the date of this order a notice that he wishes to proceed with

this action and thereby obligate himself to pay the $250 filing

fee, this action will be reinstated; and 

3. The Clerk of Court shall CLOSE this case statistically.

BY THE COURT:

/s/ JAMES KNOLL GARDNER 

 JAMES KNOLL GARDNER, J. 

Case 2:05-cv-04402-JKG Document 2 Filed 08/26/05 Page 3 of 3